On the day President Obama was elected, armed men wearing the black berets and jackboots of the New Black Panther Party were stationed at the entrance to a polling place in Philadelphia. They brandished a weapon and intimidated voters and poll watchers. After the election, the Justice Department brought a voter-intimidation case against the New Black Panther Party and those armed thugs. I and other Justice attorneys diligently pursued the case and obtained an entry of default after the defendants ignored the charges. Before a final judgment could be entered in May 2009, our superiors ordered us to dismiss the case.
The New Black Panther case was the simplest and most obvious violation of federal law I saw in my Justice Department career. Because of the corrupt nature of the dismissal, statements falsely characterizing the case and, most of all, indefensible orders for the career attorneys not to comply with lawful subpoenas investigating the dismissal, this month I resigned my position as a Department of Justice (DOJ) attorney....
The assistant attorney general for civil rights, Tom Perez, has testified repeatedly that the "facts and law" did not support this case. That claim is false. If the actions in Philadelphia do not constitute voter intimidation, it is hard to imagine what would, short of an actual outbreak of violence at the polls. Let's all hope this administration has not invited that outcome through the corrupt dismissal.
Most corrupt of all, the lawyers who ordered the dismissal - Loretta King, the Obama-appointed acting head of the Civil Rights Division, and Steve Rosenbaum - did not even read the internal Justice Department memorandums supporting the case and investigation. Just as Attorney General Eric H. Holder Jr. admitted that he did not read the Arizona immigration law before he condemned it, Mr. Rosenbaum admitted that he had not bothered to read the most important department documents detailing the investigative facts and applicable law in the New Black Panther case. Christopher Coates, the former Voting Section chief, was so outraged at this dereliction of responsibility that he actually threw the memos at Mr. Rosenbaum in the meeting where they were discussing the dismissal of the case. The department subsequently removed all of Mr. Coates' responsibilities and sent him to South Carolina....
Most disturbing, the dismissal is part of a creeping lawlessness infusing our government institutions. Citizens would be shocked to learn about the open and pervasive hostility within the Justice Department to bringing civil rights cases against nonwhite defendants on behalf of white victims. Equal enforcement of justice is not a priority of this administration. Open contempt is voiced for these types of cases.
Some of my co-workers argued that the law should not be used against black wrongdoers because of the long history of slavery and segregation. Less charitable individuals called it "payback time." Incredibly, after the case was dismissed, instructions were given that no more cases against racial minorities like the Black Panther case would be brought by the Voting Section.
Hat tip to The Right Coast.
Glenn Reynolds comments:
TOM SMITH: “This is really bad. I know it’s a cliche by now, but if anything remotely like this had happened in the Bush administration, every legal worthy you can think of would be on about it, and rightly, until no one could stand it anymore.”
I guess the lesson is, if you want scrutiny of Executive Branch actions, vote Republican. . . .
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